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Rev. 04/2020

Procurement

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

1739 W. Jackson St., Ste. A Phoenix, AZ 85007

INVITATION FOR BID

SOLICITATION NUMBER: BPM003391

DESCRIPTION: Aggregate Materials, Rip Rap and Sand

QUESTIONS: Inquiries regarding the solicitation are to be submitted online through the State’s e-Procurement system, Arizona Procurement Portal (APP) (https://app.az.gov/) using the Discussion Forum tab.

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.

Stacy Wiesner Procurement Officer Phone: 602.712.6939 Email: swiesner@azdot.gov

This solicitation is issued in accordance with A.R.S. §41-2533 and A.A.C. R2-7-B301 et seq., Competitive Sealed Bidding.

“An Equal Opportunity Agency”

The Arizona Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Americans with Disabilities Act (ADA), hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration for an award.

Persons that require a reasonable accommodation based on language or disability should contact ADOT’s Procurement Office by phone (602) 712-2089. Requests should be made as early as possible to ensure the State has an opportunity to address the accommodation.

Las personas que requieran asistencia (dentro de lo razonable) ya sea por el idioma o discapacidad deben ponerse en contacto con ADOT (602) 712-2089.

https://app.az.gov/

TABLE OF CONTENTS

Solicitation No: BPM003391 Available online at

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 16

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 26

2 - Title VI/Non-Discrimination Assurances Appendix E 27

3 - ADOT Maintenance Boundaries 28

4 - ADOT District Maintenance Unit Locations 29

5 - Quarterly Usage Report 31

SPECIFICATIONS

1. Statement of Need

1.1. Pursuant to the Arizona Procurement Code, A.R.S. §41-2501 et seq., the State of Arizona Department of Transportation (Department), has a requirement for Aggregate Materials, Rip Rap and Sand.

1.2. The Department intends to establish a term contract for Aggregate Materials, Rip Rap and Sand, Plant Pick Up and/or Delivery Services throughout the State of Arizona.

2. General Requirements

2.1. Work Locations

2.1.1. The work area under this contract shall occur statewide to include Central, Southcentral, Southeast, Northwest, Northcentral, Northeast, and Southwest Districts. Refer to Exhibit 3, ADOT Maintenance Boundaries.

2.1.2. Delivery of all material under this contract shall occur from the Contractor’s nearest plant location to the required maintenance unit location or specified job site.

2.1.3. Some work areas may be located in Native American Tribal Communities. The Contractor shall adhere to all Tribal rules and regulations, including any labor requirements, taxes, fees, licenses, permits or conditions that may be imposed by the tribal community or reservation.

2.1.4. The Contractor must adhere to the National Forest Services rules and regulations when work areas are located in the National Forest. The Contractor shall also comply with the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction current edition, including errata and addenda, Section 107.12, Forest Protection.

2.2. Materials

2.2.1. All aggregate materials, minerals, base, rip rap and sand, shall be referred to as materials.

2.2.2. All materials supplied shall comply with the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction, current Edition including errata, addenda and all applicable stored specifications, including but not limited to:

2.2.2.1. Clearance from the ADOT Environmental Planning Group at:

https://azdot.gov/node/5544

2.2.2.2. Material source approved by the ADOT Materials:

https://azdot.gov/business/contracts-and-specifications/specifications https://app.az.gov/ https://azdot.gov/node/5544 https://azdot.gov/business/contracts-and-specifications/specifications

2.2.2.3. ADOT Standard Specifications for Road and Bridge Construction current edition - Section 1001 – Material Sources, and Section 104 – Environmental Analysis.

https://azdot.gov/business/contracts-and-specifications/specifications

2.2.3. PAG specifications for the following sections can be found at the link provided below.

http://apps.pagnet.org/standardspecifications/Default.aspx

303 Aggregate Base

913 Rip Rap

404 Cover Material

2.2.4. MAG specifications for the following sections can be found at the link provided below.

https://www.azmag.gov/Programs/Public-Works/Specifications-and-Details

Base Materials – 702

Rip Rap – 703

Cover Material - 716

2.3. Samples

2.3.1. Samples of materials, when requested, shall be submitted with 72 hours. Unless otherwise specified by the Department, samples shall be furnished at no expense to the Department.

3. Specific Requirements

3.1. Aggregate Base

3.1.1. Aggregate base material shall consist of stone, gravel or other approved inert material of similar characteristics, and shall be clean and free from vegetable matter and other deleterious substances. The Department reserves the right to specify which aggregate class. The specifications for Aggregate Base material shall conform to the following requirements:

Percent Passing Sieve (Inch or No.)

Aggregate Class 1- ½” 1” ¾” ¼” 4 8 30 200 PI Max.

1 100 90 - 100 35 - 55 0 - 8.0 3 https://app.az.gov/ https://azdot.gov/business/contracts-and-specifications/specifications http://apps.pagnet.org/standardspecifications/Default.aspx https://www.azmag.gov/Programs/Public-Works/Specifications-and-Details

2 100 90 - 100 35 - 55 0 - 8.0 3

PAG (Pima Association of Governments)

100 90 - 100 45 - 75 0 - 10 5

MAG (Maricopa Association of Governments)

100 90 - 100 38 - 65 25 - 60 10 - 40 3 - 12 5

3.1.2. The percentage by weight, passing each sieve will be determined in accordance with the requirements of Arizona Test Method 201 (AASHTO) AASHTO T 11 and T 27 for (MAG).

AASHTO (American Association of State Highway and Transportation Officials).

3.1.3. The Plasticity Index (PI) will be determined in accordance with the requirements of AASHTO T90 (AASHTO 89 Method A, T 90, and T 146 Method A for MAG).

3.1.4. The amount of fractured coarse aggregate particles shall be at least 30 percent, (50 percent for MAG), when tested in accordance with the requirements of Arizona Test Method 212.

3.1.5. Resistance to abrasion will be determined in accordance with the requirements of

AASHTO T96 and shall meet the following requirements:

3.1.5.1. Maximum loss of 9 percent (9%), (10 percent for MAG) or 100 revolutions.

3.1.5.2. Maximum loss of 40 percent (40%) at 500 revolutions.

3.2. Cover Material

3.2.1. Cover material shall meet the following gradation requirements, for the respective class, when tested in accordance with the requirements of Arizona Test Method 201.

Sieve Size Percent Passing

Class 1 Class 2

½ inch 100

⅜ inch 70 – 90 100

¼ inch 0 – 10 70 – 90

No. 4 - - 0 – 10

No. 8 0 – 5 0 – 5

No. 200 0 – 1.0 0 – 1.0

3.2.2. Aggregate for cover material shall be clean sand, gravel or crushed rock and shall be free from lumps or balls of clay and shall not contain calcareous or clay coatings, caliche, synthetic materials, organic matter or foreign substances.

3.2.3. Cover material shall meet the following requirements:

Aggregate Characteristics Test Method Requirement

Abrasion AASHTO T96 100 Rev., Max 9% 500 Rev., Max 40%

Carbonates Arizona Test Method 238 Maximum 20%

Fractured Coarse Aggregate Particles

Arizona Test Method 212 Minimum 85% (at least two fractured faces) and minimum

92% (at least one fractured face) determined on plus No. 4 material

Flakiness Index Arizona Test Method 233 Maximum 20%

Bulk Oven Dry Specific Gravity Arizona Test Method 210 2.350 – 2.850

Water Absorption Arizona Test Method 210 0 – 2.5%

3.3. Mineral Aggregate

3.3.1. Mineral Aggregate shall meet the following gradation requirements, for the respective specification when tested in accordance with the requirements of Arizona Test Method 201.

MINERAL AGGREGATE GRADATION SPECIFICATION #1

Sieve Size Percent Passing

1/2 inch 100

3/8 inch 80 – 100

No. 8 35 – 65

No. 200 2.0 – 10.0

MINERAL AGGREGATE GRADATION SPECIFICATION #2

3/4 inch 100

1/2 inch 90 – 100

3/8 inch 70-85

No. 8 42-52

No. 200 3.0-6.5

3.3.2. Coarse mineral aggregate shall consist of crushed gravel, crushed rock, or other approved inert material with similar characteristics, or a combination thereof, conforming to the requirements specified herein.

3.3.3. Fine mineral aggregate shall consist of natural sand or of sand prepared from rock, or other approved inert materials, or a combination thereof, conforming to the requirement specified herein.

3.3.4. Acceptance samples will be taken by the Department from the delivery site, prior to stockpiling.

3.3.5. The mineral aggregate, when delivered to the site shall not have more than five percent

(5%) moisture content present. Moisture content above five percent (5%) shall be deducted from the total weight of material represented by the sample.

3.3.6. The represented quantity, minus the weight of moisture content above five percent (5%) will be paid at the unit price.

3.3.7. The sand equivalent shall be a minimum of 55, when tested in accordance with AASHTO

T176.

3.3.8. The percent of carbonates will be determined in accordance with the requirements of

Arizona Test Method 238 and shall be a maximum of 30%.

3.3.9. The percent of fractured coarse aggregate, particles will be determined in accordance with the requirements of Arizona Test Method 212, and shall be a minimum of 50 %.

3.3.10. The loss of abrasion will be determined in accordance with the requirements of AASHTO T

96 and shall meet the following requirements:

3.3.10.1. Maximum loss of 9 percent (9%) to 100 revolutions.

3.3.10.2. Maximum loss of 40 percent (40%) at 500 revolutions.

3.4. Rip Rap (Angular)

3.4.1. The grading shall meet the following diameter requirements:

Type A 4” – 8 “

Type B 1’ – 2’

Type C 4” – 10”

3.4.2. Control of the gradation will be visual inspection by the Department.

3.4.3. Rock for gabions shall be well graded, varying in size from four (4) to eight (8) inches.

3.4.4. Rock shall be sound and durable, free from clay or shale seams, cracks or other structural defects.

3.4.5. Bulk, Saturated, Surface Dry (SSD) Specific Gravity shall be determined in accordance with the requirements of Arizona Test Method 210 and shall be a minimum of 2.4 grams.

3.4.6. Rip Rap shall be angular in shape, unless otherwise specified. Rock shall have a least dimension not less than one-third (1/3) of its greatest dimension and a gradation in reasonable conformity with the specified requirements.

3.5. Washed Concrete Sand

3.5.1. Grading shall meet the following requirements when tested in accordance with the requirements of Arizona Test Method 201:

3/8” 100

No. 4 95 – 100

No. 16 45 – 80

No. 50 0 – 30

No. 100 0 – 10

No. 200 0 – 4.0

3.5.2. Washed sand shall be natural or crushed sand, or other approved inert material with similar characteristics composed of clean, hard, strong, durable, uncoated particles.

Washed sand shall be free of deleterious amounts of soft or flaky particles, loam, caliche, ice, frost, organic matter or clay lumps.

3.5.3. Washed sand, when used for concrete fine aggregate shall have a sand equivalent value of not less than 75, when tested in accordance with the requirements of AASHTO T 176.

3.6. Washed Mortar Sand

3.6.1. The washed mortar sand shall be in accordance with the following:

3.6.1.1. Fine aggregate to be used in mortar shall be thoroughly and uniformly washed and shall be entirely free from oil and deleterious substances.

3.6.1.2. The size and grading of fine aggregate shall conform to the applicable requirements of American Society for Testing and Materials (ASTM) ASTM C 144.

3.7. Cinder

3.7.1. The coarse cinders are for snow plowing and should be 3/8” minus back cinders and shall be in accordance with the following requirements.

3/4 inch 100

No.8 0 - 50

3.8. Crusher Fines

3.8.1. The crusher fines shall be in accordance with the following requirements:

1/4 inch 100

No.8 60 – 90

No. 40 15 – 40

No. 200 5 - 15

3.8.2. Aggregate sources shall be evaluated in accordance with Policy & Procedure Directive 5a, at:

https://apps.azdot.gov/files/materials-manuals/Policy-Procedure-Directives/ppd5a.pdf

3.9. Delivery / Plant Pick Up

https://apps.azdot.gov/files/materials-manuals/Policy-Procedure-Directives/ppd5a.pdf

3.9.1. Delivery of all material under this contract shall occur from the nearest plant location to the specified maintenance location(s) and/or job site, refer to Exhibit 3 and Exhibit 4.

3.9.2. Deliveries may be made from one (1) hour after the requesting maintenance location opens, to one (1) hour before the maintenance location closes.

3.9.3. Delivery hours shall be mutually agreed upon at the time of order.

3.9.4. The ADOT Maintenance Boundaries listed in Exhibit 3 correspond with the approximate location of each maintenance unit on the ADOT Maintenance Unit Locations, Exhibit 4.

3.9.5. Plant pick up in lieu of delivery will be at the Department’s discretion. Plant pick up shall be billed at the contracted material price. No other charges shall be billed to the Department.

3.9.6. Delivery of the product must be completed within fifteen (15) calendar days after receipt of order (ARO).

3.9.7. Deliveries may be shipped by various types of vehicles, (end dump, belly dump, etc.). The

Department will note on the Purchase Order if it has a special delivery requirement.

3.9.8. The Contractor shall quote based on loaded miles to each maintenance yard and job site.

Loaded miles are whenever the vehicle is carrying property for hire. Loaded miles do not include deadhead miles which are miles the vehicle travels empty going to load the property or travels empty between loads or travels empty when returning to home base after unloading the property hauled. Refer to Price Sheet and Line Items.

3.9.9. The minimum ton requirement per order for delivery shall not be less than 23 tons or a short load fee will apply at the Contractor’s discretion. For the purpose of this solicitation, short load fee is defined as a fee charged when minimum tonnage requirement for delivery services per order is not met.

3.9.10. Short load fees may only be applied if the minimum tonnage requirement per order for delivery is not met. This charge will be a flat rate fee per order.

3.9.11. Orders delivered in split deliveries will NOT constitute authorization from the Department for shot load fees. Short load fees may not be applied by the Contractor for split order deliveries.

3.9.12. Each delivered load shall have a certified weight ticket; and the cost shall be reflected in the unit cost of material. Weight tickets shall indicate the average moisture content and the gross, tare and new weight in pounds. Loads shall not exceed the legal limits.

3.9.13. The Contractor shall immediately notify the Procurement Officer and the Department of any changes to the Contractor’s plant locations, identified on the Plant Information attachment.

3.9.14. A Certificate of Compliance conforming to the requirements of Subsection 106.05 of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction, current edition, including errata and addenda, shall be submitted for all products provided for delivery and/or plant pick up.

https://azdot.gov/business/contracts-and-specifications/specifications

3.10. Equipment

3.10.1. The Contractor shall provide and maintain equipment sufficient in number, operational condition, and capacity to efficiently perform the work and render the services required by this contract during the entire term of this contract.

3.10.2. The Contractor’s equipment shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules, and regulations, and the acts, codes, orders, and decrees of any administrative bodies, councils, or tribunals.

3.10.3. All vehicles must be maintained in good repair, appearance, and sanitary conditions at all times. Equipment, machinery, component or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment and at the cost of the Contractor.

3.10.4. The Contractor shall comply with ADOT Policy and Procedure Directives which detail the requirements for the concrete mixer trucks and can be found at the following link:

https://www.azdot.gov/business/engineering-and-construction/construction-and-materials/manuals/policy-and-procedure-directives

3.10.5. All trucks used on Department projects will be purged (cleaned) prior to adding cold mix material to eliminate cross contamination caused by mixing of incompatible products.

3.10.6. The Contractor’s third party’s vehicles and mobile equipment shall be clearly marked with company name and/or logo and an identification number.

3.11. Safety, Sanitary & Health Conditions

3.11.1. The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of the Contractor’s employees as may be necessary to comply with the requirements and regulations of the Arizona State Department of Health Services or other authorities having jurisdiction therein.

3.11.2. The Contractor shall comply with all applicable laws and regulations governing safety, health and sanitation. Attention is directed to Federal, State, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any workers to work in surroundings or under conditions that are unsanitary, hazardous or dangerous to their health or safety.

https://app.az.gov/ https://azdot.gov/business/contracts-and-specifications/specifications https://www.azdot.gov/business/engineering-and-construction/construction-and-materials/manuals/policy-and-procedure-directives https://www.azdot.gov/business/engineering-and-construction/construction-and-materials/manuals/policy-and-procedure-directives

4. Contractor’s Responsibilities

4.1. General

4.1.1. The Contractor shall comply with the Social Security Act, Workers’ Compensation laws, and Unemployment laws of the State of Arizona as well as all State, Local, and Federal legislation, rules and regulations associated with maintenance and construction relevant to the Contractor’s business.

4.1.2. The Contractor is required to comply with all applicable standards, orders or requirements issued under the Clean Air Act, Section 206 (42 U.S.C. 1857 (h)); the Clean Water Act, Section 508 (22 U.S.C. 1268), and the Executive Order 11728 and United States Environmental Protection Agency (U.S.E.P.A.) regulations (40 CFR Part 15) or most current. Violations shall be reported to the Arizona Department of Environmental Quality (A.D.E.Q.) and United States Environmental Protection Agency (U.S.E.P.A.) Assistant Administrator Enforcement (EN-229). Any fines, penalties, etc., regarding environmental violations shall be the sole responsibility of the Contractor.

4.1.3. The Contractor shall carry on their operations in such a manner that damage is not inflicted to existing grounds, utilities, highway milepost markers, signs, delineators, or other structures. The Contractor shall repair or replace any highway property damaged by work operations at their own expense and as directed by the Department. If the damage has to be repaired or replaced by the Department, the cost of such work shall be deducted from the Contractor’s final payment.

4.1.4. Damage to stop signs, yield signs, railroad crossing or other Manual on Uniform Traffic Control Devices (MUTCD) type signs shall be reported to the Department and the District Regional Signing and Striping Supervisor immediately. Immediate is considered to be within one (1) hour of occurrence. Damage to delineators shall be repaired within forty-eight (48) hours of occurrence. No payment will be made to the Contractor until all damage has been repaired or replaced.

4.1.5. The Contractor shall be responsible for verifying quantities prior to the start of any project. All changes must be approved by the Department prior to the start of work. Any changes to the quantities and/or scope encountered once the project begins shall be immediately brought to the attention of the Department. The changes must be reviewed and approved before any additional and/or new work commences. Any extra or new work, not previously approved, that is done beyond the approved Contract Purchase Order will not be eligible for payment.

4.1.6. The Contractor shall suspend operations if weather or road and traffic conditions are such that work operations cannot be carried out in a safe and effective manner, or will pose an environmental hazard. If such suspension occurs, the Contractor shall immediately notify the Department.

4.1.7. The Contractor shall notify the Department and Procurement Officer of any changes to the plant locations, identified in the Product Pricing & Pit Location Information, for the purposes of:

4.1.7.1. Changes to locations - any new plant opening, addition, acquisition, joint venture, merger, and or dissolution or closure of Contractor’s plant locations.

Changes shall be incorporated by Contract Amendment.

4.1.7.2. Changes affecting the supply and delivery of materials.

4.1.7.3. Contractor’s plant location(s) shall include neighboring states and counties closest to the ADOT Maintenance Districts or work locations.

4.2. Contractor’s Employees

4.2.1. The Contractor shall provide mentally alert, physically fit, adequately trained, and qualified employees to ensure contracted services progress in a safe, orderly and timely manner.

4.2.2. The Contractor shall provide an adequate number of qualified, experienced employees, sufficient materials, equipment and resources to complete necessary project(s).

4.2.3. All Contractor employees shall wear identification badges on uniforms at all times.

4.2.4. All persons engaged in performance of work under this contract shall be, unless otherwise approved by the Department, direct bona fide employees of the Contractor or authorized subcontractors. Direct bona fide employee is defined as an actual employee of the Contractor that is not a leased or subcontracted employee.

4.2.5. No visitors, spouses, or children of the Contractor’s employees will be allowed in the work locations during working hours unless they are bona fide employees of the Contractor.

4.2.6. All Contactor’s employees shall be in compliance with all OSHA and other State, Federal and Local regulatory agency requirements.

4.2.7 All Contractors’ employees shall take all necessary operational and safety precautions during the performance of services to prevent accidents from occurring. Contractor shall ensure all of its employees are properly licensed to operate Contactor’s equipment and are properly trained in their use.

4.2.8. The Contractor and Contractor’s employees are strictly prohibited from the operation of, or advertising of any commercial enterprise or activity on any premises that are subject of this contract; except as may be provided under other contracts to which the Department is a signatory. Refer to A.R.S. § 28-7053.

4.2.9. Employees are required to comply with A.R.S. § 28-731, which prohibits driving over, across, or within a highway median.

4.2.10. Parking of employee personal vehicles within the Right-of-Way shall not be permitted.

4.2.11. Work shall be completed in a responsible and professional manner and in accordance with the specifications, schedules, test plans or performance and operating standards, which are incorporated in the work assignment.

4.3. Supervision

4.3.1. The Contractor shall provide the Department with names and telephone numbers of all supervisory personnel who will oversee this contract. The supervisory personnel shall assist the Department in coordinating operational requirements.

4.4. Communication

4.4.1. The Contractor shall possess a means of communicating with the Department and with the Contractor’s employee(s) in advance of and while performing any work under this contract. The Contractor or contractor employee(s) on duty shall be equipped with a mobile (cellular) telephone with hands free capabilities that will allow communication while on the job site to facilitate coordination with the Department.

4.4.2. All costs of communication devices shall be the responsibility of the Contractor.

4.4.3. If the work location is within an area that is known to not receive a cellular signal, communication shall be agreed upon by the Contractor and the Department.

5. Department’s Responsibilities

5.1. Stockpiling of all materials covered in this contract shall be the responsibility of the Department.

5.2. Acts of Nature

5.2.1. The Department will be responsible for all damage caused by acts of nature. If the damage is so severe that extended closure is necessary, the Contractor’s duties and compensation may be suspended for the closure period.

5.3. Suspension of Work

5.3.1. The Department may suspend operations at any time, when in their judgement, present or impending weather conditions are such that operations cannot be carried out in a safe, effective manner.

5.3.2. The Department shall immediately suspend operations when work performance is observed in violation of safety rules, regulations, or practices. Violation of safety rules, regulations, or practices may be considered grounds for termination of the contract.

5.4. Inspection

5.4.1. The Department shall perform periodic inspections to ascertain the Contractor’s compliance with the contract requirements. The Department reserves the right to inspect equipment at any time and require the replacement of any equipment that does not meet the minimum serviceability and safety standards.

5.4.2. The Department may reject the shipment if problems are noted and immediately halt the unloading process. If this occurs, the Department will not be responsible for the rejected product and associated delivery cost of the product.

5.5. Work Acceptance

5.5.1. The Department will address all questions which may arise pertaining to quality and acceptability and shall provide the final determination.

SPECIAL TERMS AND CONDITIONS

1. Contract Term

The term of any resultant contract shall commence on the effective day of award and shall continue for a period of twelve months (12) thereafter, unless terminated, cancelled or extended as otherwise provided herein.

2. Contract Extension

By mutual written contract amendment, any resultant contract may be extended for supplemental periods of up to a maximum of forty-eight (48) months.

3. Eligible Agencies

This contract shall be for the exclusive use of the Arizona Department of Transportation.

4. Non-Exclusive Contract

This contract shall be for the sole convenience of the Department. The Department reserves the right to obtain like goods or services from another source when necessary. The Off-Contract Purchase Authorization and subsequent procurement shall be consistent with the Arizona Procurement Code.

5. Ordering Process

The Department shall issue a purchase order to the Contractor. Each purchase order must cite the contract number. This purchase order shall be the only document required for the Department to order and the Contractor to deliver the material and/or service.

Any attempts to represent any material and/or service not specifically awarded as being under contract is a breach of the contract and a violation of the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the State inclusive of but not limited to contract cancellation, suspension and/or debarment of the Contractor.

6. Shipping Terms

Delivery shall be F.O.B. Destination to the location designated herein. Contractor shall retain title and control of all goods until they are delivered. All risk of transportation and related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The Department will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection

7. Delivery

Deliveries shall be completed in accordance with the requirements of the contract.

Delivery of the product does not constitute acceptance.

8. Inspection and Acceptance

Each item delivered shall be subject to a complete inspection by the Department within seven (7) days after delivery. Inspection criteria shall include, but not be limited to, conformity to the specifications, workmanship, quality and materials.

If the delivered product is not accepted and retuned for corrective action, an additional fifteen (15) calendar days shall be allowed for inspection of the corrected or replacement product.

The Contractor shall be responsible for the transport of the material to and from the Department for the correction of items or workmanship not in compliance with the specifications.

Product returned for corrective action may delay payment. Invoices will be processed for payment only after the product is accepted.

9. Invoicing and Payment

Separate invoices are required for each shipment of product or delivery of service and shall include at a minimum:

Department Location’s Name and Address

Vendor Name, Remit to Address and Contact Information

Contract Number

Purchase Order Number

Invoice Number and Date

Date the items were shipped to the Department

Contract Line Item Number

Line Item Description or Item or Service

Quantity Purchased

Line Item Unit of Measure

Price per Unit and Total per Unit

Catalog or Other Discount (if applicable)

Net Unit Price and Total per Unit (if applicable)

Applicable taxes

Applicable Shipping/Freight Charges

Total Invoice Amount Due

Invoices not sent to the proper address, or not containing the necessary and required information may delay payment. A Contractor whose payments are delayed due to improper invoicing shall make no claim against the Department or the State for late or finance charges.

The Department will make every effort to process payment for the purchase of product within thirty (30) calendar days after the Department has conducted the necessary reviews, inspections and acceptance as described herein.

The Department acceptance date will be the valid date for starting the thirty (30) calendar day payment period.

Payment due dates, including discount periods, will be computed from the date of acceptance or date of correct invoice (whichever is later) to the date the Department’s warrant is mailed.

10. Estimated Usage

The Department anticipates considerable usage under this contract. The Department reserves the right to increase or decrease actual quantities ordered as circumstances may require. No guarantees are made concerning actual purchases under this contract.

11. Price Reduction

A price reduction adjustment may be offered at any time during the term of a contract and shall become effective upon notice through a written contract amendment.

12. Price Increase

The Department will review fully documented requests for price increases for any contract which will or has been in effect for twelve (12) months. The request shall be submitted no less than 60 days prior to the contract renewal date. The Contractor shall provide fully documented information which supports the price increase request. Fully documented means that the request shall present detailed information and calculations that make it clear how the claimed increase has an impact on the contract unit prices. All assumptions regarding cost factors that have an impact on the requested increase shall also be clearly identified and justified. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the item concerned. Any price increase adjustment request prior to the time of contract extension will be a factor in the extension review process. The Department will determine whether the requested price increase or an alternate option, is in the best interest of the State.

13. Safety Standards

Items supplied under this contract shall comply with all current applicable safety standards and regulations including the Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code and the National Fire Protection Association Standards.

14. Warranty

The Contractor warrants:

1. That all services performed hereunder shall conform to the requirements of this contract and shall be performed by qualified personnel in accordance with the highest professional standards.

2. That all items furnished hereunder shall conform to the requirements of this contract and shall be free from defects in design materials and workmanship. Any defects of design, workmanship, or materials shall be fully corrected by the Contractor (including parts and labor) without cost to the Department.

3. The warranty period on workmanship and materials shall be based on a minimum of twelve (120 months from the time of acceptance by the Department.

15. Current Products

All products supplied under this contract shall be in current and ongoing production; shall have been formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in the contract.

16. Product Discontinuance

In the event that a product or model is discontinued by the manufacturer, the Department at its sole discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor shall request authorization to substitute a new product or model and provide the following:

1. A formal announcement from the manufacturer that the product or model has been discontinued.

2 Documentation from the manufacturer that names the replacement product or model.

3. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation.

4. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model.

5. Documentation confirming that the price for the replacement is the same as or less than the discontinued product or model.

17. Contract Administration

The Contractor shall contact the assigned Procurement Officer for guidance or direction in matters of contract interpretation or questions regarding the terms, conditions, or scope of the contract.

18. Notices

All notices, requests, demands, consents, approvals, and other communications which may or are required to be served or given hereunder (for the purposes of this provisions collectively called “Notices”), shall be in writing and shall be sent by certified United States mail, return receipt requested, or by any other method that provides evidence of receipt, addressed to the party or parties to receive such notice as follows:

a. If intended for the State, to:

Arizona Department of Transportation, Procurement Group 17339 W. Jackson Street, MD 100P

Phoenix, Arizona 85007-3276

b. If intended for the Contractor, to the address as identified in the Contractor’s electronic vendor profile.

Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder. Any notice so mailed shall be deemed to have been given as of the date such notice is received as shown on the return receipt. Furthermore, such notice may be given by delivering personally such notice, if intended for the State, to the Arizona Department of Transportation, Procurement Officer and, if intended for the Contractor, to the person named on the Offer & Contract Award of this contract, or to such other person as either party may from time to time furnish in writing to the other by notice hereunder. Any notice so delivered shall be deemed to have been given as of the date such notice is personally delivered to the other party.

19. Cancellation for Possession of Weapons on ADOT Property

This contract may be cancelled if Contractor or any subcontractors or others in the employ or under the supervision of the Contractor or subcontractors is found to be in possession of weapons.

Possession of weapons (firearms, explosive device, knife or blade of more than three inches, or any other instrument designed for lethal or disabling use) is prohibited on ADOT property.

Further, if the Contractor or any subcontractors or others in the employ or under the supervision of the Contractors or subcontractors are asked by an ADOT official to leave the ADOT property, they are advised that failure to comply with such a request shall result in cancellation of the contract and anyone who refuses, whether armed or not, is subject to prosecution under A.R.S. § 13-1502, "Criminal trespass in the third degree; classification."

20. Indemnification

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the

State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the

Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

This indemnity shall not apply if the Contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

21. Insurance

The Contractor shall furnish Certificate(s) of Insurance inclusive of the following requirements to the Department. Certificate(s) shall be received within five (5) calendar days of notification of contract award by the Procurement Officer.

Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

A. Minimum Scope and Limits of Insurance

Contractor shall provide coverage with limits of liability not less than those stated below.

1. Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

General Aggregate $2,000,000

Products – Completed Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Damage to Rented Premises $50,000

Each Occurrence $1,000,000

a. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

b. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

2. Business Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

a. Policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

b. Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

3. Workers’ Compensation and Employers’ Liability

Workers’ Compensation Statutory

Employers’ Liability Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000

a. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

b. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

B. Additional Insurance Requirements

The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

a. The Contractor’s policies, as applicable, shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

b. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

C. Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, and delivered or sent by facsimile transmission to Arizona Department of Transportation, Procurement Group, 1739 W. Jackson Street, Phoenix, Arizona 85007-3276.

D. Acceptability of Insurers

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

E. Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this contract. An authorized representative of the insurer shall sign the certificates.

1. All such certificates of insurance and policy endorsements must be received by the State before commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

2. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

3. All certificates required by this Contract shall be sent directly to the Department. The State of

Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance polices required by this Contract at any time.

F. Subcontractors

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or

Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of the Contract, proof from the Contractor that its subcontractors have the required coverage.

G. Approval and Modifications

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contact amendment buy may be made by administrative action.

H. Exceptions

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance

Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university none of the above shall apply.

22. Removal of Contractor’s Employees

The Contractor agrees to utilize only experienced, responsible and capable personnel in the performance of the work. The Department may require that the Contractor remove from the job covered by this contract, employees who endanger persons or property or whose continued employment under the contract is inconsistent with the interest of the Department.

23. Usage Report

The Contractor shall furnish the Department a quarterly report showing purchasing activity under this contract. This usage report shall be provided in a form substantially equivalent to Exhibit XX.

Usage reports shall be submitted to the Procurement Officer no later than 30 days after the end of each quarter.

Usage report quarters shall be defined as follows:

January through March – Report due April 30

April through June – Report due July 30

July through September – Report due October 30

October through December – Report due January 30

24. Demonstration Models/Samples

The Contractor shall maintain, in Arizona, demonstration models of the equipment or samples of the items available under this contract. The Department may arrange a time and place for equipment demonstrations or sample delivery for the purpose of determining product suitability and functionality. Demonstrations shall be performed at no expense to the Department.

25. Licenses, Permits, Certifications

Contra…